Posted on Sun, Oct. 12, 2003


S.C. must do better against domestic violence


Guest columnists

“S.C. deadliest state in nation in rate of women killed by men” read the headline in The State Sept. 26. In 2001, 64 women in this state died at the hands of an abusive man.

In the great majority of cases, the perpetrator had a known history of battering, and, despite numerous contacts with law enforcement and the judicial system, these women still died. Domestic violence shelter staffers could fill the pages of this paper with grisly stories of women injured and killed by abusive, violent partners. More often than not, these victims had children, now traumatized and forever affected by this terrible experience.

In spite of current statutes to address family violence, education for law enforcement officers, judges and victim advocates, and the dedicated efforts of many of these professionals, women continue to die. The Domestic Violence Prevention Act, passed in 2003, is a serious step in the right direction.

More must be done. Domestic violence must be taken seriously by all officers, magistrates and judges, and they must exercise their power to effectively intervene.

There is a significant body of research and an abundance of anecdotal evidence confirming that domestic violence escalates over time. What may begin as a threat or a shove, without effective intervention, progresses in severity and brutality and ultimately results in disabling injuries and, tragically, death.

Battering is not only a response to anger gone awry, but also a way that men who believe that they have the right to “own” and control their partner enforce their authority. It follows a predictable pattern. Therefore, holding the batterer accountable from the outset is the most significant and effective action that must always be taken.

Instead, the reverse now is true. When domestic violence is first reported, if any action is taken, it is most often a small fine ($500 or less) and, in some relatively rare cases, the batterer is referred to counseling.

These cases are diminished by a judicial system that has relegated many of them to the magistrate court level. Magistrate Court, by its very nature, is limited in its power to intervene effectively.

When cases of domestic violence are heard in Family Court, well-meaning judges often do refer the couple to counseling. However, standard marriage counseling is not appropriate for these couples until the batterer has received specialized counseling. In fact, marital therapy in certain situations can actually increase the danger to the victim. Batterer treatment programs are available in South Carolina; however, they are too few in number and pitifully underfunded.

The weapon used to kill over one-third of the women who died in 2003 was a handgun. Research shows that lethality increases significantly when there is a gun in the house. So removing guns from the hands of abusers is another essential step in saving lives. The federal law, which now mandates that guns be removed from convicted domestic violence offenders, is not routinely enforced in South Carolina. Legislation must be passed as a South Carolina statute in order for this to happen.

This legislation has been introduced for the past three legislative sessions; however, there has been no broad-based will by the General Assembly to move forward with this initiative.

To stem this violence, major changes must be made in the way these cases are handled — by the law enforcement system, the judicial system and the community at large:

• ; Form specialized units of law enforcement officers who understand the need for and have the skills to implement an immediate and effective response to domestic violence.

• ; Prohibit batterers from owning guns.

• ; Continue to develop specialized “Domestic Violence Courts” capable of mandating appropriate counseling and/or incarceration and monitoring the progress of families before the violence escalates to murderous proportions.

• ; Provide appropriate training for all judges. Their decisions in regard to domestic violence cases can save or further endanger victims’ lives.

• ; Allocate adequate funds to establish and develop batterer treatment programs.

• ; Continue to support the 13 state-funded domestic violence programs for victims across the state and include services to children — often the forgotten victims in these tragedies.

• ; Establish prevention programs at the elementary, middle and high school level to teach non-violent relationship skills.

• ; Organize and implement a Domestic Homicide Fatality Review team to examine ways in which the system may have failed the battered victim.

• ; For family and friends: When acquaintances or family members report that their partner is becoming abusive, by verbally threatening or actually beginning to push, shove or otherwise physically abuse them, please resist the temptation to minimize this behavior. Remember that domestic violence follows a pattern and tends to become more severe over time. Do not wait until the violence becomes lethal. Refer the victim to one of the statewide shelter programs.

October is National Domestic Violence Awareness Month. In memory of all the women who have been killed and in the name of all the children who have been orphaned or injured this year by domestic violence, we are hopeful that efforts to end it will not be limited to this month.

Ms. Bourus is executive director of the South Carolina Coalition Against Domestic Violence and Sexual Assault. Mr. Lourie represents Richland County in the S.C. House.





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